Florida Probate?

[ngarner]

In November 2014 my sister in law passed away very unexpectedly, she was not married and no children and both her parents had passed as well. She has 3 brothers my husband is one of them. The older brother was given personal rep. He went to a lawyer to have the probate process done. During this time anything that happened in court we would receive a letter from the attorney. Now the probate process is finished and the personal rep(older brother) received a check in the mail and seems confused by it. Didnt know if he was supposed to split the check up. So my question does the lawyer split the the remaining money and mail to the other siblings? Or does the personal rep aka older brother? Thanks

 

[Zigner]

In November 2014 my sister in law passed away very unexpectedly, she was not married and no children and both her parents had passed as well. She has 3 brothers my husband is one of them. The older brother was given personal rep. He went to a lawyer to have the probate process done. During this time anything that happened in court we would receive a letter from the attorney. Now the probate process is finished and the personal rep(older brother) received a check in the mail and seems confused by it. Didnt know if he was supposed to split the check up. So my question does the lawyer split the the remaining money and mail to the other siblings? Or does the personal rep aka older brother? Thanks

I think the older brother needs to speak to the folks who sent him the money to find out what it is for. Once he knows that, then he can start asking further questions (if needed.)

 

[anteater]

Now the probate process is finished and the personal rep(older brother) received a check in the mail and seems confused by it.

A check from whom? A check for what? A check made to him personally or as the estate's personal rep?

So my question does the lawyer split the the remaining money and mail to the other siblings? Or does the personal rep aka older brother?

The personal rep is the fiduciary. The personal rep should be the one signing the distribution checks. Whether the personal rep actually calculates, writes, and sends the checks is up to the personal rep and his attorney.

 

[ngarner]

Wow you guys are fast at responding.. thanks

Anytime we speak with the other brother about probate his answer is always "I dont know" he went through whole process claiming he never knew the amount of her Life insurance policy, which I find hard to believe. Its been a few days since we heard from him so not sure what questions where asked if any to the lawyer. I guess we will just have to wait and see if the remaining siblings get some back great, if not thats fine too. No use in fighting over money when there are more important things in life. thanks for helping clear some of my confusion.

 

[anteater]

Anytime we speak with the other brother about probate his answer is always "I dont know"

It is possible. Some executors/PR's get appointed by the court, hire an attorney, and do nothing other than what the attorney tells/asks them to do. Essentially leaving administration of the estate to the attorney.